Senate approves anti-trans military spending bill, drawing calls for president’s veto

The US Senate on Dec. 18 approved a contentious military spending bill with a provision barring coverage of gender-affirming care for children of service members, sending it to President Joe Biden’s desk and prompting some LGBTQ groups to demand a swift veto to protect military families. Senators voted 85-14 to approve the National Defense Authorization Act (NDAA) less than a week after the House of Representatives voted 281-140 to pass their own version of the bill. The nearly $900 billion spending bill bars the military's insurance program, known as TriCare, from covering gender-affirming care for individuals under the age of 18 who have been diagnosed with gender dysphoria.  Out lesbian Senator Tammy Baldwin of Wisconsin, who voted against the bill, said the NDAA has historically been "politics-free" — and although she welcomed parts of the legislation, including a pay raise for troops and improvements to contraception and mental healthcare, the anti-trans provisions were too extreme for her to accept. "Despite all the common ground we found, some folks poisoned this bill and turned their backs on those in service with a partisan provision that will rip away the rights of our servicemembers to get the health care their kids need,” Baldwin said. “I cannot support this bill, turn my back on these families, and take away parents’ right to get the healthcare they need for their kids.” The 13 other senators who voted against the bill were Cory Booker and Andy Kim of New Jersey; Ed Markey and Elizabeth Warren of Massachusetts; Jeff Merkley of Oregon; Adam Schiff of California; Debbie Stabenow of Michigan; Bernie Sanders and Peter Welch of Vermont; Ron Wyden of Oregon; Mike Braun of Indiana; Mike Lee of Utah; and Rand Paul of Kentucky. Advocates for Trans Equality, which formed earlier this year following a merger between Transgender Legal Defense & Education Fund and National Center for Transgender Equality, issued a lengthy statement blasting the Senate for approving the measure and urging the president to reject it. Olivia Hunt, Advocates for Trans Equality's director of federal policy, echoed Baldwin's point, saying essential healthcare must be "free from the interference of political agendas." Hunt said a veto would serve as a "strong statement" by the president.  “Denying lifesaving, medically necessary care to trans members of military families creates profound hardships, forcing service members to make impossible choices between their duty and the health and wellbeing of their loved ones,” Hunt said. “Politicizing access to evidence-based healthcare undermines the principles of fairness, dignity, and respect that our nation aspires to. No one should have to choose between their duty and protecting their family." Lambda Legal, which plays a critical role in defending LGBTQ rights at the national level through impact litigation, education, and policy work, also called on Biden to veto the bill.  “It is unconscionable that both the U.S. Senate and the U.S. House of Representatives have approved a defense spending bill that singles out and denies servicemembers the ability to obtain critical medical care for their transgender and nonbinary children who suffer from gender dysphoria," Kristine Kippins, deputy legal director for policy at Lambda Legal, said in a written statement. The National Black Justice Collective, a leading Black LGBTQ civil rights organization, also slammed the Senate over the vote and issued a plea to the president.  "We urge the White House to publicly, and unequivocally, commit to vetoing this version of the NDAA,” David J. Johns, the CEO and executive director of the National Black Justice Collective, said in a written statement. “It is deeply troubling that Republicans, previewing their Party’s platform of bigotry and targeted discrimination over the next four years, embedded a provision denying transgender children of military service members access to the health care. And it is disgraceful that some Senate Democrats caved to the 'anti-woke' mob and allowed it to pass their chamber, sending it to the White House.” Kelley Robinson, who heads up the Human Rights Campaign, also denounced the vote and added pressure on the president. "President Biden has the power to put a stop to this cruelty," Robinson said in a written statement. "He should make good on his promises to protect LGBTQ+ Americans, defend military servicemembers and their families, and ensure this country’s politics reflect the best of who we are. President Biden must veto this bill.”